Law Student to Lawyer: A Disconnect with Acquired Knowledge and Required Knowledge.
Vishwas Puttaswamy
Vice Principal, Soundarya College of Law, Bangalore | Advocate | BA LLB, LL M, K SET, NET, M Sc. Public Policy (London), PhD (Space Law)| Educator since 2016 - Law Mentor -Academic Researcher | Global Citizen
#Soundarya College of Law
Judicial reform in India can only be deemed successful when the judiciary is composed of professional judges known for their integrity. The foundation for a lawyer's ethical and professional behaviour is established in law school highlighting the crucial importance of high-quality legal education in India.
Currently, the state of legal education is approaching a critical point. Employers are dissatisfied with the knowledge and skills demonstrated by law school graduates.
Although there have been positive developments in recent years, much work remains to align legal education with the best international standards and to ensure it produces qualified professionals, especially for the judiciary.
Today, the system of legal education is unbalanced. It is my observation that currently there is a wide gap between the acquired knowledge and required knowledge in India. Students acquire law degrees or qualifications no doubt but find it difficult to land employment because the expectations and aspirations of the employers are different from those of the educational institutions
Educational institutions focus heavily on theory providing students with theoretical knowledge that often falls short of employer expectations. Employers on the other hand seek plug-and-play candidates who can immediately meet the demands of the industry.
By industry demands, law students during their undergraduate years have to hone skills specially and exclusively in top areas of practice like Intellectual properties, dispute resolution, mergers and Acquisitions, Labour and Employment, Real Estate, and Corporate and Commercial laws. A lot of research writing, involvement in the area and update continuously is quintessential.
The Disconnect:
1.???? Lack of comprehensive vision of higher legal education
According to a study conducted by the Ministry of Education in 2023 science and arts are the most popular streams in the last 10 years where students opting for science and arts streams have increased from 31% in 2012 to above 40% in 2022 i.e., from 30.9 lakh students opted Arts stream in 2012 went up to 40 lakhs in 2022 and science opted by 30.7 lakh students in 2012 went up to 42 lakhs in 2022. And only 14% of students opted for commerce in the last 10 years i.e., 13.7 lakh students in 2012 and 14.4 lakh in 2022.
?Today, the system of legal education is unbalanced. Law students represent one of the largest groups across all fields of study. Legal education is offered at various levels across different specialisations, the qualification requirements for positions that demand legal education are often unsubstantiated with research conducted to forecast the demands for the legal profession in the market.
A review of all educational qualification requirements and a realignment of licencing conditions with particular requirements for staffing and organisation support for law schools could address the above problem.
2. The system of admission to law school does not guarantee the selection of motivated and capable students.
Getting into the law faculty programme of a less prestigious university is relatively easy as the entry requirements are not demanding. The law admission threshold and competitiveness scores mean that it is not always the most capable or motivated candidates who become law students.
The present requirement of 45% in 12th is serving no purpose. It is pertinent to establish reasonable requirements for the admissions of potential lawyers at educational levels. The CLAT model needs to be the norm with logical, analytical and critical thinking as part of the mandatory entrance test for all law colleges.
3.???? The organisation of training in law schools does not meet modern market needs.
Many students pursue law studies remotely, which often results in a lower quality of education. Often, law schools rely on outdated teaching methods and many curricula fail to address the current demands of the legal market There is insufficient focus on ethical standards and innovative legal tools. Practical training is poorly structured and does little to equip students with real-world skills. Additionally, academic integrity receives limited attention.
It is therefore quintessential to ensure the development of educational curricula with the active, rather than merely formal involvement of representation from the legal community, an effort towards providing a real opportunity for students to choose the classes has to be put in place.
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4.???? Lack of effective and independent control of learning outcomes.
The regular and final assessment of students is generally ineffective, resulting in law schools graduating lawyers with varying levels of professionalism, despite all receiving the same qualification.
The introduction of AIBE across the country is an effort towards that end. But before qualifying for AIBE strengthening requirements and internal control for regular and final certification in law schools to be explored
5.???? Faculties lacking industrial exposure.
Faculties are not equipping students with the practical skills necessary for success in real-world situations. A significant number of professors are primarily focused on research and lack the expertise to translate their findings into commercially viable products – a crucial skill in today’s market. Professors need to teach students how to monetize their research ensuring they are well-prepared for the demands of the real world.
6.???? Process of evaluation.
In Law College, the process of evaluating the student is based on grades obtained in examination, while the law practice, the evaluation is based on performance and challenges faced and overcame.
The absence of industry-university interaction on a regular and effective basis deprives students of advanced and up-to-date knowledge in different fields of law. It is interesting to know students have high expectations from industry with getting a degree is sufficient to get them a job mindset.
Law practitioners are themselves very busy in meeting their deadlines and no time is invested in updating the curriculum of academics even though it is the responsibility of the university to rectify and address academic shortfalls and differences in legal education, and provide new methods to fill the gaps. A collaborative body involving representations of both industry and academia can be formed to continuously monitor for gaps and make continuous efforts to close them.
Such collaboration is the responsibility of both academia and industry to form strong bonds and serve the needs of society at large. Collaborations, as such, may also help to reduce unemployment in India.
Another notable discomfort can also be attributed to the commercialization of Education, profit-focused leadership, rising education costs, low pay remuneration, administrative burdens, and bureaucratic practices that deter talented professionals from joining the faculty. As a result, universities attract those who couldn’t find employment elsewhere which, as a result, hampers innovation and development of industry-relevant curriculum.
Today, there is no data available/maintained with the State as to why law graduates are unemployed in the country. Once a law graduate enrols as an advocate, he/she is deemed to have entered into the profession of advocacy.
?Law graduates in India encounter numerous challenges that can complicate their transition from academia to professional employment. The legal profession is not one of instant gratification. The judiciary's slow pace means that outcomes take time, resulting in a prolonged gestation period for young professionals to establish their practice. Over the past two decades, the number of law colleges has grown significantly, resulting in a saturated job market. This has led to intense competition among graduates for a limited number of positions, especially in prestigious law firms. There is a lack of standard practices regarding fee structures and payment frequency, which negatively impacts young professionals and significantly challenges their ability to sustain themselves. Only a limited number of organizations employ legal professionals as full-time staff, with most legal matters typically managed on a retainer basis. As a result, fresh graduates have minimal opportunities for direct employment. However, the situation has seen some improvement over the past decade. Law has become highly competitive with lots of skills required to grow in the field. The legal profession however is still an excellent career choice.
Author:
Vishwas Puttaswamy
Vice Principal
Soundarya College of Law
Bangalore